A written lease avoids the whole he said, she said of verbal contracts. So it might still be a process but you have what the agreement said written down in black and white so they can't say, "Well, he said I could stay for a year and do whatever I wanted" so it makes that part easier. Then it's just a straight up eviction case as opposed to one where you have to decide the basic facts of who said what.
Yeah, I get why. It was the guy I was replaying to that wanted to be a reddit expert and didn't seem to get it. One of those people on here who just never seem to understand how the world really works.
I'm not a lawyer, but I'm pretty sure you're not legally considered a squatter if you signed a lease. You're either following the terms of the lease or breaking them at that point, the latter of which is an evictable offence in the majority of states.
No, if there is a lease it's way easier because you just show violation of the lease. No lease makes it way harder, that's one reason squatters are harder to get rid of than renters.
When you make a rental agreement with them. If you agree to let them stay and they compensate you with rent money, they are a tenant. Verbal lease is sufficient. If you just let someone stay in your home as a guest, they are a guest. Look at new mexico legal aid website or law help new mexico and look at the renters guide. 2 different areas of law cover these two things. I know this
With a quick google, I'm pretty sure that none of what the above person said is true. You'll need to get advice from an expert on this. It can be pretty complicated.
Yeah, the above person is completely overlooking that tenants aren't the only people who have legal protection and require eviction if you want to force them to move out. Simple residents do too and in many states that can be established as easily as receiving mail at an address and sleeping there.
OP should reach out to New Mexico Legal Aid and be sure to make it clear with them that OP is not a landlord, but is instead providing temporary housing to someone and want to make sure they are protected while also doing the right thing.
That's what I always thought too, and dug into the laws here a little bit after leslie's comment. NM apparently has a very narrow definition of "resident" that explicitly requires a rental agreement in be in place.
[https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-3/](https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-3/)
This dude is completely wrong. After 14 days they establish tenancy regardless of rent payment or lease. After 14 days, you will have to evict them if they won’t leave on their own
Do you happen to know what statute or court decision that was ruled under? Because the only reference I've been able to find in regards to the 14 day period is that's how long a landlord needs to hold onto abandoned belongings after a tenant moves out.
I don’t know specifically off hand. We just dealt with an issue similar to op last fall; just wanted to help someone but things went very sour and they wouldn’t leave. We were informed by both APD and Bernalillo Sheriffs that due to the statutes they had established tenancy on day 14 and that our hands were tied unless we went through the court system. Thankfully we didn’t end up having to go that route as we basically paid them to leave.
Man, that's rough. Sucks you needed to bribe someone to get them out of your own property. I wonder if it's an ABQ or Bernco thing? Thanks for the reply regardless.
I’m not sure where the statutes apply. But it was a complete clusterfuck. We filed for eviction but the process takes so long that we decided it was just better to pay them to leave. We wanted them out before Thanksgiving, and if we’d had to gone through with the courts they very well could have still been there at Christmas.
I went through this last year. Both APD and Bernalillo Sheriffs confirmed the 14 day tenancy. I filed for eviction with the courts but didn’t have to finish the process as they chose to leave in exchange for $. Maybe it’s not state wide(?), but definitely applied in Albuquerque.
Do not do this. Read the NM landlord tenant handbook by legal aid. There is an expedited process for evicting tenants from your home but this is a terrible idea and the police are not going to help you when shit hits the fan.
In a community I lived previously they had a rule that limited the stay of visitors to 20 days or they had to be put on the lease. It's a different state so maybe the laws are clearer on evictions but I would consider maybe less than 30 days to protect yourself and definitely do a deep dive on NM law.
I can easily think of a thousand ways I would get that person off my property immediately. And you should do just that. You have “invited” this person onto your property. At any second you could hear a (fake) scream and the run out and he says “I tripped getting out of the trailer and fell in your driveway, I’m suing you!” Listen to me - get that person off your property. You can absolutely lie and be deceptive if that’s what it takes.
I don't know what it is. But you can write a month to month lease to cover your ass if it goes sideways.
My experience: it will go sideways.
100% ALWAYS have a lease. Just download a simple one from the internet.
Mine, too. I have been burnt so many times on things like this, that I won't even help anymore with deals like this.
Then they would immediately become a tenant and they would still have to evict them.
Yes, they will have to evict him but it is easier to evict someone with a lease than without it.
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Look, I am just repeating what a judge said to me when I had to evict a friend. I guess I could be wrong, maybe I heard the judge wrong.
A written lease avoids the whole he said, she said of verbal contracts. So it might still be a process but you have what the agreement said written down in black and white so they can't say, "Well, he said I could stay for a year and do whatever I wanted" so it makes that part easier. Then it's just a straight up eviction case as opposed to one where you have to decide the basic facts of who said what.
Yeah, I get why. It was the guy I was replaying to that wanted to be a reddit expert and didn't seem to get it. One of those people on here who just never seem to understand how the world really works.
You might be surprised how hard it is to legally get rid of squatters.
I'm not a lawyer, but I'm pretty sure you're not legally considered a squatter if you signed a lease. You're either following the terms of the lease or breaking them at that point, the latter of which is an evictable offence in the majority of states.
They didn't sign a lease though, that's my point.
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No, if there is a lease it's way easier because you just show violation of the lease. No lease makes it way harder, that's one reason squatters are harder to get rid of than renters.
I’ve always heard people say it’s 30 days
It’s not in NM. In NM it’s 14 days.
When you make a rental agreement with them. If you agree to let them stay and they compensate you with rent money, they are a tenant. Verbal lease is sufficient. If you just let someone stay in your home as a guest, they are a guest. Look at new mexico legal aid website or law help new mexico and look at the renters guide. 2 different areas of law cover these two things. I know this
Thanks, will do.
With a quick google, I'm pretty sure that none of what the above person said is true. You'll need to get advice from an expert on this. It can be pretty complicated.
Yeah, the above person is completely overlooking that tenants aren't the only people who have legal protection and require eviction if you want to force them to move out. Simple residents do too and in many states that can be established as easily as receiving mail at an address and sleeping there. OP should reach out to New Mexico Legal Aid and be sure to make it clear with them that OP is not a landlord, but is instead providing temporary housing to someone and want to make sure they are protected while also doing the right thing.
That's what I always thought too, and dug into the laws here a little bit after leslie's comment. NM apparently has a very narrow definition of "resident" that explicitly requires a rental agreement in be in place. [https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-3/](https://law.justia.com/codes/new-mexico/chapter-47/article-8/section-47-8-3/)
This dude is completely wrong. After 14 days they establish tenancy regardless of rent payment or lease. After 14 days, you will have to evict them if they won’t leave on their own
Do you happen to know what statute or court decision that was ruled under? Because the only reference I've been able to find in regards to the 14 day period is that's how long a landlord needs to hold onto abandoned belongings after a tenant moves out.
I don’t know specifically off hand. We just dealt with an issue similar to op last fall; just wanted to help someone but things went very sour and they wouldn’t leave. We were informed by both APD and Bernalillo Sheriffs that due to the statutes they had established tenancy on day 14 and that our hands were tied unless we went through the court system. Thankfully we didn’t end up having to go that route as we basically paid them to leave.
No good deed goes unpunished.
That’s exactly what it felt like. I still help people when and where I can, but unless you’re family I’m not letting anyone in the house. Ever. Again.
Man, that's rough. Sucks you needed to bribe someone to get them out of your own property. I wonder if it's an ABQ or Bernco thing? Thanks for the reply regardless.
I’m not sure where the statutes apply. But it was a complete clusterfuck. We filed for eviction but the process takes so long that we decided it was just better to pay them to leave. We wanted them out before Thanksgiving, and if we’d had to gone through with the courts they very well could have still been there at Christmas.
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I went through this last year. Both APD and Bernalillo Sheriffs confirmed the 14 day tenancy. I filed for eviction with the courts but didn’t have to finish the process as they chose to leave in exchange for $. Maybe it’s not state wide(?), but definitely applied in Albuquerque.
Thanks, I thought that might be the case.
I see what posters below say..im a lawyer who practices in this area. Just fyi
Ask them to leave for some spurious reason, the response will be enlightening.
Do not do this. Read the NM landlord tenant handbook by legal aid. There is an expedited process for evicting tenants from your home but this is a terrible idea and the police are not going to help you when shit hits the fan.
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This is wrong. It’s 14 days.
In a community I lived previously they had a rule that limited the stay of visitors to 20 days or they had to be put on the lease. It's a different state so maybe the laws are clearer on evictions but I would consider maybe less than 30 days to protect yourself and definitely do a deep dive on NM law.
Ask r/legaladvice
I can easily think of a thousand ways I would get that person off my property immediately. And you should do just that. You have “invited” this person onto your property. At any second you could hear a (fake) scream and the run out and he says “I tripped getting out of the trailer and fell in your driveway, I’m suing you!” Listen to me - get that person off your property. You can absolutely lie and be deceptive if that’s what it takes.
Depends on your state. Believe mine is 2 weeks